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H. B. No. 5 As Introduced

As Introduced

129th General Assembly

Regular Session

2011-2012

H. B. No. 5

Representative Huffman

A BILL

To enact sections 2746.01, 2746.02, 2746.03, 2746.04,
2746.05, 2746.06, 2746.07, 2746.08, and 2746.09 of
the Revised Code to provide consolidated
references to Revised Code sections that establish
costs and fees, other than attorney fees, in the
courts of record of this state.

Sec. 2746.01. A court of record of this state shall tax as
costs or otherwise require the payment of fees for the following
services rendered or as compensation for the following persons or
any other of the following fees that are applicable in a
particular case:

(A) Appraisers, commissioners, or arbitrators appointed to
make or procure an appraisement or valuation of any property, as
provided in section 2335.02 of the Revised Code;

(B) Auctioneers appointed to conduct any public auction of
goods, chattels, or lands required to be sold by an officer of the
court, as provided in section 2335.021 of the Revised Code;

(C) Commissioners appointed to make partition of lands or to
assign dower and appraisers of real or personal property on
execution, replevin, or attachment or to fix the value of exempt
property, as provided in section 2335.01 of the Revised Code;

(D) Deposit of rent with the clerk of court by a resident of
a manufactured home park, as provided in section 3733.121 of the
Revised Code, or by a tenant of residential premises, as provided
in section 5321.08 of the Revised Code;

(E) Interpreters, as provided in section 2335.09 of the
Revised Code;

(F) Fees in a civil action or appeal commenced by an inmate
against a government entity or employee, as provided in section
2969.22 of the Revised Code;

(G) Procurement of a transcript of a judgment or proceeding
or exemplification of a record in an appeal or other civil action,
as provided in section 2303.21 of the Revised Code;

(H) Publication of an advertisement, notice, or proclamation
required to be published by a trustee, assignee, executor,
administrator, receiver, or other officer of the court or a party
in a case or proceeding, as provided in section 7.13 of the
Revised Code;

(I) Publication of calendars, motion dockets, legal
advertisements, and notices, the fees for which are not fixed by
law, as provided in section 2701.09 of the Revised Code;

(J) Sheriffs, as provided in section 311.17 of the Revised
Code;

(K) Township constables or members of the police force of a
township police district or joint police district, as provided in
section 509.15 of the Revised Code;

(L) Witnesses, as follows:

(1) Fees and mileage in civil cases, as provided in section
2335.06 of the Revised Code;

(2) Fees and mileage in criminal cases, as provided in
section 2335.08 of the Revised Code;

(3) Fees in all cases or proceedings not specified in
sections 2335.06 and 2335.08 of the Revised Code, as provided in
section 2335.05 of the Revised Code;

(4) Fees of municipal police officers in state felony cases,
as provided in section 2335.17 of the Revised Code;

(5) Fees in arbitration proceedings, as provided in section
2711.06 of the Revised Code.

(M) In an action to abate a nuisance or to enforce a local
code relating to buildings, the expenses of operating and
conserving the building, as provided in section 3767.41 of the
Revised Code.

Sec. 2746.02. A court of record of this state shall tax as
costs or otherwise require the payment of fees for the following
services rendered, as compensation for the following persons, or
as part of the sentence imposed by the court, or any other of the
following fees that are applicable in a particular case:

(A) In a felony case, financial sanctions, as provided in
section 2929.18 of the Revised Code;

(B) In any criminal case, the costs of prosecution, as
provided in section 2947.23 of the Revised Code;

(C) In a misdemeanor case in which the offender is sentenced
to a jail term, the local detention facility is covered by a
policy adopted by the facility's governing authority requiring
reimbursement for the costs of confinement, and the offender is
presented with an itemized bill pursuant to section 2929.37 of the
Revised Code for such costs, the costs of confinement, as provided
in section 2929.24 of the Revised Code;

(D) In a case in which an offender is sentenced for
endangering children in violation of section 2919.22 of the
Revised Code, the costs of the offender's supervised community
service work, as provided in section 2919.22 of the Revised Code;

(E) In a case in which a defendant is charged with any of
certain sexual assault or prostitution-related offenses and is
found to be suffering from a venereal disease in an infectious
stage, the cost of medical treatment, as provided in section
2907.27 of the Revised Code;

(F) In a case in which a defendant is charged with harassment
with a bodily substance, the cost of medical testing, as provided
in section 2921.38 of the Revised Code;

(G) In a case in which a defendant is charged with violating
a protection order in violation of section 2919.27 of the Revised
Code or of a municipal ordinance that is substantially similar to
that section, the costs of any evaluation and preceding
examination of the defendant, as provided in section 2919.271 of
the Revised Code;

(H) Presentence psychological or psychiatric reports, as
provided in section 2947.06 of the Revised Code;

(I) In a criminal proceeding, the taking of a deposition of a
person who is imprisoned in a detention facility or state
correctional institution within this state or who is in the
custody of the department of youth services, as provided in
section 2945.47 of the Revised Code;

(J) In a case in which a person is convicted of or pleads
guilty to any offense other than a parking violation or in which a
child is found to be a delinquent child or a juvenile traffic
offender for an act that, if committed by an adult, would be an
offense other than a parking violation, additional costs and bail,
if applicable, as provided in sections 2743.70 and 2949.091 of the
Revised Code, but subject to waiver as provided in section
2949.092 of the Revised Code;

(K) In a case in which a person is convicted of or pleads
guilty to a moving violation or in which a child is found to be a
juvenile traffic offender for an act which, if committed by an
adult, would be a moving violation, additional costs and bail, if
applicable, as provided in sections 2949.093 and 2949.094 of the
Revised Code, but subject to waiver as provided in section
2949.092 of the Revised Code;

(L) In a case in which a defendant is convicted of abandoning
a junk vessel or outboard motor without notifying the appropriate
law enforcement officer, the cost incurred by the state or a
political subdivision in disposing of the vessel or motor, as
provided in section 1547.99 of the Revised Code;

(M) The costs of electronic monitoring in the following
cases:

(1) In a misdemeanor case in which the offender is convicted
of any of certain prostitution-related offenses and a
specification under section 2941.1421 of the Revised Code, as
provided in section 2929.24 of the Revised Code;

(2) In a case in which the court issues a criminal protection
order against a minor upon a petition alleging that the respondent
committed any of certain assault, menacing, or trespass offenses,
a sexually oriented offense, or an offense under a municipal
ordinance that is substantially equivalent to any of those
offenses, as provided in section 2151.34 of the Revised Code;

(3) In a case in which the court issues a protection order
against an adult upon a petition alleging that the respondent
committed menacing by stalking or a sexually oriented offense, as
provided in section 2903.214 of the Revised Code;

(4) In a case in which an offender is convicted of violating
a protection order, as provided in section 2919.27 of the Revised
Code;

(5) In a case in which the offender is convicted of any
sexually oriented offense and is a tier III sex
offender/child-victim offender relative to that offense, as
provided in section 2929.13 of the Revised Code.

(N) In a proceeding for post-conviction relief, a transcript,
as provided in section 2953.21 of the Revised Code;

(O) In a proceeding for the sealing of a conviction record,
the fee provided for in section 2953.32 of the Revised Code.

Sec. 2746.03. In addition to any applicable fees or costs
set forth in sections 2746.01 and 2746.02 of the Revised Code or
any other applicable provision of law, the supreme court, a court
of appeals, or the court of claims shall tax as costs or otherwise
require the payment of fees for the following services rendered or
as compensation for the following persons or any other of the
following fees that are applicable in a particular case:

(A) In the supreme court, filing fees, as provided in section
2503.17 of the Revised Code;

(B) In a court of appeals:

(1) Fees collectible by the clerk of a court of common pleas
when acting as the clerk of the court of appeals of the county, as
provided in section 2303.03 of the Revised Code;

(2) Additional filing fees or charges for special projects,
programs, or services, as provided in section 2501.16 of the
Revised Code;

(3) Sheriffs or other officers who serve process, as provided
in section 2501.19 of the Revised Code;

(4) Shorthand reporters, as provided in section 2501.17 of
the Revised Code;

(5) The expense of preparing and transcribing the record in
an appeal to the tenth district court of appeals from a ruling of
the director of health under the certificate of need program, as
provided in section 3702.60 of the Revised Code.

(C) In the court of claims:

(1) The fees provided for in section 2743.09 of the Revised
Code;

(2) Witness fees and mileage, as provided in section 2743.06
of the Revised Code.

Sec. 2746.04. In addition to any applicable fees or costs
set forth in sections 2746.01 and 2746.02 of the Revised Code or
any other applicable provision of law, a court of common pleas
shall tax as costs or otherwise require the payment of fees for
the following services rendered or as compensation for the
following persons or any other of the following fees that are
applicable in a particular case:

(A) The fees provided for in section 2303.20 of the Revised
Code;

(B) Additional fees to computerize the court, make available
computerized legal research services, computerize the office of
the clerk of the court, provide financial assistance to legal aid
societies, support the office of the state public defender, fund
shelters for victims of domestic violence, and special projects of
the court, as provided in section 2303.201 and, for a court that
has a domestic relations division, section 2301.031 of the Revised
Code;

(C) Filing for a divorce decree under section 3105.10 or a
decree of dissolution under section 3105.65 of the Revised Code,
as provided in section 3109.14 of the Revised Code;

(D) Filing of a foreign judgment pursuant to section 2329.022
of the Revised Code, as provided in section 2329.025 of the
Revised Code;

(E) Interpreters, as provided in section 2301.14 of the
Revised Code;

(F) Jurors in civil actions, as provided in section 2335.28
of the Revised Code;

(G) Shorthand reporters, as provided in sections 2301.21 and
2301.24 of the Revised Code;

(H) In a case involving the operation by a nonresident of a
vessel upon the waters in this state, or the operation on the
waters in this state of a vessel owned by a nonresident if
operated with his consent, actual traveling expenses of the
defendant, as provided in section 1547.36 of the Revised Code;

(I) In a civil case, the expenses of taking a deposition of a
person who is imprisoned in a workhouse, juvenile detention
facility, jail, or state correctional institution within this
state, or who is in the custody of the department of youth
services, as provided in section 2317.06 of the Revised Code;

(J) In proceedings relating to the examination of a judgment
debtor under sections 2333.09 to 2333.27 of the Revised Code,
compensation for clerks, sheriffs, referees, receivers, and
witnesses, as provided in section 2333.27 of the Revised Code;

(K) In an appeal from an order of an agency issued pursuant
to an adjudication under section 119.12 of the Revised Code, the
expense of preparing and transcribing the record;

(L) In a case in which the court issues a protection order
upon a petition alleging that the respondent engaged in domestic
violence against a family or household member, the cost of
supervision of the respondent's exercise of parenting time,
visitation, or companionship rights, as provided in section
3113.31 of the Revised Code;

(M) Upon a petition to have a person involuntarily
institutionalized, the costs of appointed counsel for the
respondent at a full hearing, as provided in section 5123.76 of
the Revised Code;

(N) In a case before the domestic relations division of the
Hamilton county court of common pleas, the expense of serving a
summons, warrant, citation, subpoena, or other writ issued to an
officer other than a bailiff, constable, or staff investigator of
the division, as provided in section 2301.03 of the Revised Code.

Sec. 2746.05. In addition to any applicable fees or costs
set forth in sections 2746.01, 2746.02, and 2746.04 of the Revised
Code or any other applicable provision of law, a juvenile court
shall tax as costs or otherwise require the payment of fees for
the following services or as compensation for the following
persons:

(A) The fees provided for in section 2151.54 of the Revised
Code;

(B) Additional fees to computerize the court, make available
computerized legal research services, and computerize the office
of the clerk of the court, as provided in sections 2151.541,
2153.081, and 2301.031 of the Revised Code;

(C) The costs of house arrest with electronic monitoring, as
provided in section 2152.19 of the Revised Code;

(D) Witness fees, as provided in section 2151.28 of the
Revised Code.

Sec. 2746.06. In addition to any applicable fees or costs
set forth in sections 2746.01, 2746.02, and 2746.04 of the Revised
Code or any other applicable provision of law, and subject to any
waiver of fees for combat zone casualties under section 2101.164
of the Revised Code and any reduction of fees under section
2101.20 of the Revised Code, a probate court shall tax as costs or
otherwise require the payment of fees for the following services
rendered or as compensation for the following persons or any other
of the following fees that are applicable in a particular case:

(A) The fees provided for in sections 2101.16, 2101.17,
2101.18, and 2101.32 of the Revised Code;

(B) Additional fees to computerize the court, make available
computerized legal research services, and computerize the office
of the clerk of the court, as provided in section 2101.162 of the
Revised Code;

(C) In a proceeding upon the assignment of property in trust
for the benefit of creditors, the fees provided for in section
1313.52 of the Revised Code;

(D) The fees allowable to a special master commissioner under
section 2101.07 of the Revised Code;

(E) In a proceeding filed pursuant to dispute resolution
procedures established by rule of the probate judge, a filing fee,
as provided in section 2101.163 of the Revised Code;

(F) Costs incident to the appointment of a fiduciary, as
provided in section 2101.21 of the Revised Code;

(G) A fee for solemnizing a marriage, as provided in section
2101.27 of the Revised Code;

(H) The additional marriage license fee provided for in
section 3113.34 of the Revised Code;

(I) The fee for deposit of a will provided for in section
2107.07 of the Revised Code;

(J) In a proceeding for the appointment of a guardian for an
alleged incompetent, physicians and other qualified persons to
examine, investigate, or represent the alleged incompetent, as
provided in section 2111.031 of the Revised Code;

(K) In an action to obtain authority to sell real estate, the
fees for failure to enter a release and satisfaction provided for
in section 2127.19 of the Revised Code;

(L) In a proceeding in aid of execution, the fees provided
for in section 2333.26 and 2333.27 of the Revised Code.

Sec. 2746.07. In addition to any applicable fees or costs
set forth in sections 2746.01, 2746.02, and 2746.04 of the Revised
Code or any other applicable provision of law, a municipal court
shall tax as costs or otherwise require the payment of fees for
the following services or as compensation for the following
persons:

(A) The fees and costs provided for in section 1901.26 of the
Revised Code;

(B) Additional fees to computerize the court, make available
computerized legal research services, and computerize the office
of the clerk of the court, as provided in section 1901.261 of the
Revised Code;

(C) Jurors, as provided in section 1901.25 of the Revised
Code;

(D) In proceedings in the small claims division, the fees and
costs provided for in sections 1925.02, 1925.04, 1925.05, 1925.11,
and 1925.15 of the Revised Code;

(E) In a case in which an accused is brought before the court
pursuant to a warrant to keep the peace, an appeal bond, as
provided in section 2933.06 of the Revised Code;

(F) In a proceeding filed pursuant to dispute resolution
procedures established by rule of the court, a filing fee, as
provided in section 1901.262 of the Revised Code;

(G) In a case in which the clerk of the Cleveland municipal
court files a copy of a defendant's bond with the county recorder,
the recording fees and charges, as provided in section 1901.21 of
the Revised Code;

(H) In a criminal case, the expenses of an evaluation of the
defendant's competence to stand trial or the defendant's mental
condition at the time of the commission of the offense, as
provided in section 2945.37 of the Revised Code.

Sec. 2746.08. In addition to any applicable fees or costs
set forth in sections 2746.01, 2746.02, and 2746.04 of the Revised
Code or any other applicable provision of law, a county court
shall tax as costs or otherwise require the payment of fees for
the following services rendered or as compensation for the
following persons or such other of the following fees as are
applicable in a particular case:

(A) The fees and costs provided for in section 1907.24 of the
Revised Code;

(B) Additional fees to computerize the court, make available
computerized legal research services, and computerize the office
of the clerk of the court, as provided in section 1907.261 of the
Revised Code;

(C) Arbitrators, as provided in section 1907.42 of the
Revised Code;

(D) Jurors, as provided in section 1907.28 of the Revised
Code;

(E) Performing a marriage ceremony, as provided in section
1907.26 of the Revised Code;

(F) Witnesses, as provided in section 1907.27 of the Revised
Code;

(G) In proceedings in the small claims division, the fees and
costs provided for in sections 1925.02, 1925.04, 1925.05, 1925.11,
and 1925.15 of the Revised Code;

(H) In a case in which an accused is brought before the court
pursuant to a warrant to keep the peace, an appeal bond, as
provided in section 2933.06 of the Revised Code;

(I) In a proceeding filed pursuant to dispute resolution
procedures established by rule of the court, a filing fee, as
provided in section 1907.262 of the Revised Code.

Sec. 2746.09. In addition to any other applicable fees or
costs set forth in this chapter, a court shall tax as costs or
otherwise require the payment of the following fees, costs, or
expenses:

(A) The costs and expenses of a receiver allowed by the court
under section 323.49 of the Revised Code in a proceeding brought
by a county treasurer to be appointed receiver for the purposes of
collecting taxes and assessments charged upon real estate;

(B) The expenses of a referee or receiver allowed by the
court under section 1334.08 of the Revised Code in an action
brought by the attorney general pursuant to that section for a
violation of the business opportunity plans act;

(C) The expenses of a referee or receiver allowed by the
court under section 1345.07 of the Revised Code in an action
brought by the attorney general pursuant to that section for a
violation of the consumer sales practices act;

(D) The expenses of a master or receiver allowed by the court
under section 5311.27 of the Revised Code in an action brought by
the attorney general pursuant to that section for a violation of
the condominium act;

(E) Fees to which a receiver appointed under section 2715.20
or 2735.01 of the Revised Code may be entitled;